Nov 22, 2024

Aurora, Colorado Will Pay Family of Elijah McCain $15 Million in Civil Suit Settlement

by Nadia El-Yaouti | Apr 11, 2022
Protesters holding signs advocating for justice for Elijah McClain during a demonstration in Aurora, Colorado. Photo Source: From left to right, the father of Elijah McClain, LaWayne Mosley, their lawyer, Mari Newman, and Elijah's mother, Sheneen McClain during a press conference and protest at Aurora city hall, file photo, Oct. 1, 2019. (Philip B. Poston/Sentinel Colorado)

The city of Aurora, Colorado has settled with Elijah McClain’s family after 23-year-old Elijah McClain died at the hands of police officers in 2019.

The city of Aurora has agreed to pay $15 million to settle a lawsuit filed by the McClain family after Elijah’s death. The settlement was reached after the civil suit that was filed against the city by the family was dropped following a mediation hearing in federal court.

Commenting on news of the settlement, Aurora police chief Vanessa Wilson shared, "There is nothing that can rectify the loss of Elijah McClain and the suffering his loved ones have endured.” Wilson adds, "Significant changes have already occurred and will continue to be implemented."

In the wake of the death of George Floyd at the hands of police officers in May 2020, McClain's death sparked belated national outrage. McClain was walking home from a convenience store when law enforcement responded to a call about a suspicious man wearing a black ski mask. Body camera footage from responding officers shows McClain being stopped by the officers. The encounter starts off unassumingly but then quickly escalates after authorities push McClain up against a brick wall. McClain can be heard saying, “You guys started to arrest me, and I was stopping my music to listen." One of the officers can then be seen putting McClain in a carotid artery chokehold.

While on the ground McClain can be heard pleading, “My name is Elijah McClain. I was going home. That’s what I was doing, just going home. I’m an introvert and I’m different. I'm just different. That's all. That's all I was doing. I'm so sorry. I have no gun. I don't do that stuff. I don't do any fighting. Why were you attacking me? I don't do guns. I don't even kill flies. I don't eat meat. ... I am a vegetarian."

The video shows McClain periodically vomiting as cops restrain him on the ground. After paramedics arrived, McClain is then injected with 500 milligrams of ketamine in an attempt to sedate him. It was later revealed that the dose was nearly 1 ½ times the recommended dose for his weight. Body camera footage also reveals McClain lost his pulse at the scene and that an attempt to resuscitate him was made. After McClain was sent to the hospital, he was declared brain dead. Six days later he was taken off of life support and declared dead.

The payment is the largest settlement that the city has ever made. According to a lawyer representing McClain's father, the settlement is also the largest in Colorado's history regarding a civil rights case. Over the weekend, McClain’s mother spoke out in a news interview about the settlement details. “There’s nothing that can return to me what I lost,” she shares. “It’s still blood money, because that money has my son’s blood on it.”

Following the settlement, an allocation hearing will be held to determine how the settlement will be split up between Elijah's mother and his biological father, LaWayne Mosley.

On Friday, Aurora city manager Jim Twombly shared, “This tragedy has greatly changed and shaped Aurora.” Twombly adds, “In the two years since he died, we have taken a hard look at our policies, our biases, and our need to listen to our community.”

Colorado's Governor Jared Polis has since signed into law a comprehensive police reform bill that includes cultural awareness training for officers, an end to chokeholds, and limited use of deadly force.

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Nadia El-Yaouti
Nadia El-Yaouti
Nadia El-Yaouti is a postgraduate from James Madison University, where she studied English and Education. Residing in Central Virginia with her husband and two young daughters, she balances her workaholic tendencies with a passion for travel, exploring the world with her family.

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